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McParland, Re Judicial Review: QBNI 9 Jan 2008

The case concerned a challenge to section 10 of the 2007 Act which had inserted a new provision (article 26A) into the Juries (Northern Ireland) Order 1996 (SI 1996/1141) restricting the disclosure of information about jurors. It was argued that the new arrangements in effect brought about trial of defendants by a secret tribunal and that this constituted a breach of article 6 of the European Convention on Human Rights and Fundamental Freedoms (ECHR) since it infringed the guarantees of a public hearing and of trial within a system containing sufficient guarantees of impartiality.
Held: The argument was rejected: ‘[t]he existence of the risks identified by the juries’ sub-group of juror intimidation, of partisan juries and of perverse jury verdicts has not been seriously disputed by most commentators . . ‘

Judges:

Kerr LCJ and Campbell LJ

Citations:

[2008] NIQB 1

Links:

Bailii

Statutes:

Juries (Northern Ireland) Order 1996, Justice and Security (Northern Ireland) Act 2007 1

Jurisdiction:

Northern Ireland

Cited by:

CitedHutchings, Re Application for Judicial Review SC 6-Jun-2019
The appellant, a former army officer challenged proceedings against him as to the death of a civilian shot in Northern Ireland in 1974. His trial had been certified for trial by judge alone, and without a jury under section 1 of the 2007 Act.
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 24 March 2022; Ref: scu.263301

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